19710730 TZHC Arusha5

%IT F111 0H cc'J _AJN1A AT M 5 [ ~ (f PiLAF JTJI C'LI ON C1flL NOV. 179, 196 QP 1971 OZUO!YLL CRZNZDiii.. ctM NO. 9 OF 19$ YP trn DVUTRICT OcrJT OP 9 AS al 1T1t1CT AT OSiïflJLI flefre J.Tf. WAka j 1iBt11ct lftgistt a ta 2 flOI E!1 STRE TO ,o...,.s......i.. PJJANT/3URETY NO. orn verftie TIME urzmx4xc •, , ............u.,,s iIOT/TOSO1TIOR O1LUGit S te a linr, 1r pe rs on empiøyedi in pu1io &rvic, contrrAr to eeotin 270 25 Of the Pen1 Ce(e. .Tjl O XL he short facte in thte . — are that the a ppecl .ants otid &a aureties for a per,n chrgo& with a cziin1 effenee and tLgnet a bend in the eurn of 3hb. 1, 500/_. At the ajaurne& heerig on the 27th roh, 1971 the acciiae 1d not epeor. A warrant of érroet #as itrxe&iateiy, i3oued and the iotrate called upon the eurtio te ahow ôaizee wiy the bond sh o uld not be ferfaited.t Vhe , OPPa- li stuts pleaded jfloranoe of the provis i ,one of the bend; that %h alary tIVA S S m all and, that they did not know that the aocued. , voLild have abeoondcd. T hey pointed out that the -m-cuf3ad had attended reg*lar aef ore. 3eotion 131 of the Oriitnsl Procedure Code 1yo down the oceduxe for the forfeiture of a rognizunco and reads an fo11ow:- it i provO6 to the%iofaotioli of a court by N ?hioh 9 reoa Cnizanut Under this Code or the Pen'.1 Code ha d it been taken or when the reconizanee han been taken by a o1ie officer ftt a pearance bctre a court, to the Satili 1OJiG977 .... faction of euch court, that such reooniznoe hasbeen forfeited, the court hl1 record the gioun.e of such prof 4M11 - and may call npon any psron bound by vach reoinoe to py the pexu1ty, thereof., or to show catie wJy it ebould not be jaio l hhere are two eo areas open to the court on proper procf and the one adopted mast aepend on the oirearnstanoes of the case in brdor that justie may be dce, flltere., for exemple it lien been es tebliched that the accused has loft the country it will be good ground for imed lately orderin a euroty to pay the penalty. Where, xhowever1 an ac used has not turned up in jime it Hould be just tb give 9, curety an opovttmity to show the causco It may be said that in the instant cese suoh an øpportunity was given and no goo1 oeuee was OhOWn4 There may have been several ezplantiona for the asenoO of the aocued and thee would depend ofl bit3 story, sureVLs wore not In a position to expl&n en4 the effect o the order to Ohow ceuso immediately would be to nullify the purpose of tho p.rovioion., The better coure would be to make the order and adjourn the hearth to give the auxeti e s an opportunity to get the necessary ovjetQo, if at the adjourned hearin lp no goofl cause is shown ten the pena , lty or .uoh part of it ae the court ththkn just could be imposed. In the Petitions of Appeal the epcllent haa11eed that the accused fgiled to oper because the road from Singida to %Ond ,vai was blocked on acoount oI heavy rain and he oeult not get transport; he appeared on t.n followinZ day and was taken before the eourt on the 29th Marchp 1971. If the learned magietr,te had an opportunity to hear the reasons for the abeeoO or the accused it is extree1y doubtful whether he tould have forfeited the rOoMace. This illustrates the point tat in meet canes 4i ordeD to immodiately shøw euse whald Wo almost the same aw ordering payment cf the penalty It maybe argued that a surety ohoujlA know bie buthea and ask for an adjoiirment but - 2 not many pare ona are aware of their rihte in rt ud they shoald be eiete. At the e.ame time people cannot blin4'ly aiun dootmento without taking care to know what their oblipg ations are, The iiatrete found that the appellants were intelligent and e4oted men. Z think that the justice of the ceo voill be met by a norninal peri1ty and I quash the order for the payment of penalty of she, l,OQO/ and uabetiute one for paywent of she. D1iered in Oort at Artuha the 30th day of July, 1971. (c.g. BRMflL)) AG,. J U D a - 1om